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Category Archives: Emissions
Implications of the D.C. Circuit Court Decision in EPA Cross-State Air Pollution Rule
The August 21, 2012 decision of the U.S. Court of Appeals for the D.C. Circuit to vacate EPA’s Cross-State Air Pollution Rule marks a material interpretation of EPA’s authority under the Clean Air Act – an “unsettling” departure from judicial … Continue reading
Posted in Distressed Energy, Emissions, EPA, Events, Regulation, Tax
The DC Circuit Court Vacates Cross-State Air Pollution Rule
Today, in a 2-1 decision, the U.S. Court of Appeals for the D.C. Circuit issued its decision vacating the Environmental Protection Agency’s (EPA) Cross-State Air Pollution Rule (CSAPR), which requires significant reductions in emissions from power plants in certain states … Continue reading
Posted in Cases, Emissions, EPA, Power, Regulation
EPA Proposes CO2 Emissions Standards for New Fossil Fuel-Fired Power Generators
By Gregory Lawrence, Athena Eastwood, Joseph Williams and Tory Lauterbach On March 27, 2012 the Environmental Protection Agency (“EPA”) submitted for publication in the Federal Register a notice of proposed rulemaking that would set standards of performance for CO2 gas emissions for … Continue reading
Posted in Emissions, EPA, Power, Regulation, Uncategorized
FERC Staff Seeks Comments on Its Proposal for a Process to Advise the EPA
By Ken Irvin, Joseph Williams and Sohair Ahmadi On January 30, 2012, the Federal Energy Regulatory Commission (“FERC” or “Commission”) staff issued a White Paper explaining staff’s proposal on advising the Environmental Protection Agency (“EPA”) in responding to requests for … Continue reading
Posted in Emissions, FERC, Power, Regulation
MiFIR on Pre and Post-Trading Transparency for Equities, Equity-Like Instruments, Structured Products, Bonds, Emission Allowances and Derivatives
By Doron Ezickson, Nick Shiren, Alix Prentice, Adam Topping, and Ramona Simms This is the third in our series of briefings on MiFID and MiFIR. Further, we describe new obligations set out in MiFIR to make certain pre and post-trade … Continue reading
Posted in Commodity Trading, Emissions, MiFID, MiFIR, Regulation
MiFID AND MiFIR on Position Limits and Position Reporting for Commodities Derivatives and Emissions Trading
By Doron Ezickson, Nick Shiren, Alix Prentice, Adam Topping, and Ramona Simms This is the first in a series of short briefings on radical changes proposed for the regulation and conduct of investment business set out in the European Commission’s … Continue reading
Posted in Commodity Trading, Emissions, MiFID, MiFIR, Regulation
Video: Athena Eastwood Shares Her Pro Bono Experience Advising Clients in Carbon Offset Certification
Athena Eastwood shares her experiences serving as pro bono counsel advising The Clinton Foundation, the Haiti Fund Inc. and the Building Goodness Foundation in carbon offset certification. “These pro bono clients have given us an opportunity to get into a … Continue reading
Posted in Emissions, Regulation
EPA Finalizes Long-Awaited Transport Rule to Replace CAIR
On July 6, 2011, the U.S. Environmental Protection Agency (EPA) issued its final Cross-State Air Pollution Rule (CSAPR) pursuant to Section 110(a)(2)(D)(i)(I) of the Clean Air Act, 42 U.S.C. § 7410(a)(2)(D)(i)(I). The CSAPR requires significant reductions of emissions of sulfur dioxide … Continue reading
American Electric Power Co. v. Connecticut: The Supreme Court Bars Tort Lawsuits Challenging Greenhouse Gas Emissions
On June 20, 2011, the U.S. Supreme Court unanimously held that the Clean Air Act, and the authority it confers on the U.S. Environmental Protection Agency (EPA) to regulate emissions of carbon dioxide and other greenhouse gases, “displaces” any federal … Continue reading